S.RAJENDRA BABU, S.N.PHUKAN
Hindustan Petroleum Corporation LTD. – Appellant
Versus
Dolly Das – Respondent
Judgment
Rajendra Babu, J.-By a lease deed dated September 1, 1970 M/s. Kalinga Automobiles, Bhubaneshwar, Orissa, a partnership firm leased land comprised in Government of Orissa Drawing No. C-311, Flat No. B of Civil Centre, Unit I statute at Bapuji Nagar Kajpath, Bhubaneshwar, Orissa admeasuring 116 feet x 100 feet together with a service station standing thereon from October 1, 1968 for a period of 10 years renewable and determinable as provided in the lease deed. The Caltex (Acquisition of Shares of Caltex Oil Refinining (India) Ltd. and of the Undertakings in India of Caltex (India) Ltd.) Act, 1977 (hereinafter referred to as ‘the Act’) was enacted by Parliament and pursuant to which M/s. Caltex (India) Ltd. was taken over by the Government of India and was amalgamated with the petitioner-Corporation by an order made on May 9, 1978. Section 7(1) of the Act provided that the rights arising under leases obtained by Caltex (India) Ltd. would vest in the Central Government. Section 7(3) of the Act specifically provided that on the expiry of the term of any lease, if so desired by the Central Government, be renewed or continued, so far as may be, on the same terms and conditions
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